Vaibhav Kumar @ Bhairab Yadav @ Vaibhav Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73094 of 2022 Arising Out of PS. Case No.-259 Year-2022 Thana- BISFI District- Madhubani ====================================================== 1.

Vaibhav Kumar @ Bhairab Yadav @ Vaibhav Yadav Son of Vijay Yadav Resident of Village - Bisfi Bharan Tola, P.S.- Bisfi, District - Madhubani. 2.

Hemant Kumar Yadav @ Hemant Yadav Son of Ashok Yadav Resident of Village - Bisfi Bharan Tola, P.S.- Bisfi, District - Madhubani. 3.

Basant Kumar Yadav @ Basant Yadav Son of Ashok Yadav Resident of Village - Bisfi Bharan Tola, P.S.- Bisfi, District - Madhubani. 4.

Binod Kumar Yadav @ Binod Yadav Son of Rampratap Yadav Resident of Village - Bisfi Bharan Tola, P.S.- Bisfi, District - Madhubani. 5.

Jitendra Yadav Son of Binod Yadav Resident of Village - Bisfi Bharan Tola, P.S.- Bisfi, District - Madhubani.

6.

Tapeshwar Yadav Son of Bhopal Yadav Resident of Village - Bisfi Bharan Tola, P.S.- Bisfi, District - Madhubani.

7.

Ajay Kumar Yadav @ Ajay Yadav Son of Narayan Yadav Resident of Village - Bisfi Bharan Tola, P.S.- Bisfi, District - Madhubani. 8.

Shivji Yadav Son of Chintaman Yadav Resident of Village - Bisfi Bharan Tola, P.S.- Bisfi, District - Madhubani.

9.

Shatrudhan Sahni Son of Rajishwar Sahni Resident of Village - Bisfi Bharan Tola, P.S.- Bisfi, District - Madhubani.

10.

Suman Yadav @ Chuman Yadav Son of Jagat Yadav Resident of Village - Bisfi Bharan Tola, P.S.- Bisfi, District - Madhubani. 11.

Sudhir Yadav Son of Birendra Yadav @ Devendra Yadav Resident of Village - Bisfi Bharan Tola, P.S.- Bisfi, District - Madhubani. 12.

Ashok Kumar Yadav @ Ashok Yadav Son of Rampratap Yadav Resident of Village - Bisfi Bharan Tola, P.S.- Bisfi, District - Madhubani. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Subhash Kumar Jha For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-03-2023 Heard learned counsel for the petitioners and learned counsel for the State.

Patna High Court CR. MISC. No.73094 of 2022(2) dt.23-03-2023 2/3 The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 307, 354(B), 379 and other allied sections of the Indian Penal Code and section 3/4 of the Explosive Substance Act. As per the prosecution case, on the alleged date and time of occurrence, when the informant went for natural call, all the 24 accused persons named in the FIR including petitioners and 4-5 unknown having variously armed restrained him, abused and also assaulted him. Fekan Yadav assaulted him by bomb causing injury in his leg. The accused persons also misbehaved with female members and also assaulted them. It is submitted that the entire allegation is false and concocted. There is no allegation of specific overt act against petitioners. They are only members of the mob. There is case and counter case. Injuries sustained by the injured are simple in nature.

Considering the facts aforesaid and nature of injury, general and omnibus allegation, the petitioners above-named, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with

Patna High Court CR. MISC. No.73094 of 2022(2) dt.23-03-2023 3/3 two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Benipatti, Madhubani in connection with Bisfi P.S. Case No. 259 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T